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Kamal Saha (ITS)     14 January 2015

Release letter form previous employer

Dear Sir/ Mam,

This is to inform you that my previous employer has given me the acceptance of my resignation. After 43 days of my LWD, today they have given me F&F settlement mail where they have mentioned that Rs. 1950/- will be deducted from F&F settlement because of BG Verification done by them when joined on 28/01/2014. Don't understand, why BGV chagre is getting recovered after getting confirmation letter. It's not mentioned anywhere in my offer letter that they will deduct it if I resign within this period of time! If they ask me, i will be paid that amount in exchange of my relieving letter what shall i do because that been done with one of my colleagues. Kindly help me. 

 

Thanking You,

Kamal Saha



Learning

 7 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     15 January 2015

In case there is no mention of deduction of any such kind of amount at the time of your relieve from the previous company, they can not deduct those expenses at the time of your full and final settlement . Other to this a BG verification excercise is the matter of internal administrative policy of the company where the employee concerned is not involved at all. Secondly the Back ground verification is the need of company and not of the employee where the employee himself has already submitted his detailed experience and qualification facts under an oath .

You first write to the Admin. of the company about this wrong deduction and also can go to the court after that if they do not refund you the wrongly deducted amount from your dues at the time of full and final settlement.

Kumar Doab (FIN)     18 January 2015

Mr. Bali has already illustrated.

Agreed with Mr.Bali.

You may decline in writing under proper acknowledgment ..... to accept citing the amount and reason.........as explained and also demand to supply the correct FnF statement in original by Redg. Post only and Fnf wages as per correct FnF statement by bank DD thru redg. post.

You may remain gentle and amiable and draft as suitable to you.

If you have initiated separation by resignation then you will issue the notice period and LWD and not the employer.............and if you have tendered notice of resignation as per clause in appointment letter and if notice period is say 90 days and company has relieved you after 43 days it has to offer notice pay { @ as stated in (Name of the state) Shops and Commercial establishments act...........which is usually @ last monthly wages} and it is upto you to accept or reject.......

Employer can not prepone or postpone expiry of notice period and hence LWD.........

 

Employees in your trade are ill informed and have not been becoming members of employee's/Trade unions ......................but now there are many IT/ITeS employees unions and are afilliating with trade unions..............

Address all communications to appointing authority/MD and do not remain entangled with HR.........

 

Seek help of an able labor Law Consultant/Service matters lawyer and let your lawyer draft your communications so that it can be handled anytime in future........ 

T. Kalaiselvan, Advocate (Advocate)     18 January 2015

You may proceed as advised by experts above.  You must register your protest.

Kamal Saha (ITS)     03 February 2015

Dear Sir, 

After writing to the Admin also there is no response! My Release letter and F&F are still pending! Is there any online portal where I can report this issue? Kindly suggest.

Thanking you,

Kumar Doab (FIN)     03 February 2015

Don't remain entangled with Adimn,HR etc and submit final representation to good offices of appointing authority,MD...under proper acknowledgment.

The conduct of the company is bad.

The amounts payable to you are debt on employer.

The deductions that can be made from earned wages are well explained in various enactments applicable to establishment e.g. Payment of Wages Act......

 

YOu can approach: Employee's unions/Labor Law consultant,Inspector appointed under (name of the state) Shops and Commercial establishments Act/Payment of wages Act, O/O Labor Commissioner....,file complaint u/s406,420.....................file winding up petition.....

Kamal Saha (ITS)     05 February 2015

Yesterday they called me! Stating that those who resign before 18 months, BGV is recovered from them!

Sir, is it written anywhere that BGV can’t be recovered from employee! so that I can show it! If yes kindly tell me where can I found that. Thank you.

Kumar Doab (FIN)     05 February 2015

1.The deductions that can be made from payment if earned wages are duly stated and explained in various enactments applicable to establishment e.g Payment of Wages Act, Shops and Commercial Establishments Act........ Until or unless you have agreed to such deduction the company has no right and claim for such deduction..... Moreover any private policy of the company e.g.HR policy etc can not score over an enactment/Act/Statue........ and employer can be penalized for each violation....... 2. If anyone that has to produce the document/published version of any documents....... to substantiate deduction as righteous..... It is your company. The policies of the company are decided and passed by the Board and have to supplied to employees.....for acceptance. Any chage in service conditions has to be communicated 21 days in advance for acceptance by employees...... You are remaining entangled with SI called Admin..... The matter has been discussed in detail. Approach your local lawyer,Employees unions and proceed further as deemed fit at your end

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